TALLADEGA — A hearing involving the city of Sylacauga’s lawsuit against REEF Environmental Services was held in Talladega County Circuit Court Monday morning to set the record straight on the matter of when the city’s lawsuit could be tried in front of a jury.
The Daily Home had reported last week the court system was involved in the discussion of when the case could be heard, but Circuit Judge Bo Hollingsworth asked the attorneys of both parties if the court had made any suggestion about setting a court date to which the attorneys of both sides answered no.
Attorneys from both parties said the suggested date was decided without the court’s input. The court’s only involvement was to confirm the suggested date in March 2010, the attorneys said.
Hollingsworth also questioned Sylacauga’s attorneys, Jerry Fielding and Blake Lazenby, if they had yet done anything to develop or produce any medical, scientific or environmental expert opinion which would show the odor coming from the REEF facility to be a health hazard to the public.
Fielding said they had investigated some documents from the Alabama Department of Environmental Management and contacted the Alabama Department of Public Health but nothing other than that.
Hollingsworth then asked Fielding and Lazenby if they wanted to have an emergency hearing on the matter and offered to schedule one on Thursday morning.
They declined the offer. Lazenby said, “Judge, I think I speak for the city, we were happy with your suggestion that we try the case all at one time.”
Fielding and Lazenby had submitted a motion on Oct. 6 asking the court to schedule the matter for an emergency hearing at the court’s next convenience.
Hollingsworth also offered to set a trial date of Dec. 10 to hear the case. Bruce Downey, the attorney representing REEF, said he did not think it was possible for him to prepare his case in that short of a time period and asked Hollingsworth to keep the date in late March 2010. Lazenby said he would also like to keep the March date.
Hollingsworth also asked REEF owner Kenton E. Hall, Sylacauga Mayor Sam Wright and Sylacauga City Council president Jim Heigl, who were all in attendance, if they had any questions, which they did not.
When reached for comment after the hearing, Fielding said they did not accept the earlier court date because they needed the time to be able to prepare their case and secure expert witnesses to testify.
“We want to try it all at one time and not do it piecemeal,” Fielding said. “March is a date we feel like the plaintiffs and the defendants can be ready for trial.”
Judge Rochestor who was known to have zero tolerance for drug users and give them maximum time in prison when they came before him reccused himself and Sue Bell Cobb appointed Fielding to be the Judge and Robert Rumsey to be the prosecuting attorney and some how it got through the grand jury and was lowered to simple possession whereas the son was given probation.
If no one questions anything about this kind of stuff then the wheels will keep spinning just the same as they always have . Just like the wheels on Skip's RV. If your in the click then you got no worries. Thanks for your inquiry and for speaking out.
no questions, nothing assuring the citizens of Sylacauga that the odor will be removed. nothing.
typical of our leadership of late. no real surprise here. sad though.